Copyright Aid

Hello,

In cases of secondary distribution, is it possible when making a claim, to claim for both damages attributed to the distribution to others (s.16 & s.20) and also for flagrancy s.97 (2) please?

I see this as entirely reckless.


Many Thanks
Helen

Hello,

What happens when a defendant fails to file a defence pls. Do you wait for the court to give direction or is it up to the Claimant to act by issuing a Judgement by default?

Thank you as always. (:

Hi Andy

Absolutely bemusing! I am finding it hard to get my head around it as well. But don't forget, if you have never been sent one (as I see the court should) then how are you supported to know about the n180 form.
When we have raised an IP claim previously, we know it is destined for the Small ...

Hi!

You know that shrinking feeling when someone says to you 'where is your completed such and such form' ? and you look on like a rabbit in headlights?!

Well, this happened to me just recently. In fact most will probably not believe it. But, I have never received a Directions Questionnaire ...

Hi,

Thanks for your response Andy.

So let me try explaining it a bit better sorry.

A company (A) took a photographer's image and published it for their own website marketing. They were angry at being caught. They threatened to spread stories and stop the photographer from getting future work ...

Hi Andy,

Many thanks for your reply.

This is complicated sorry!

What I think is going on here, is that another company were also caught in a breach of copyright having lifted an image from another website to nicely furnish theirs. They were really angry and threatened all sorts of unsavoury ...

Hi

I have had a look into Flickr and most photography does require a license of use. Michael Furman whose name has been brought up somewhere along the threads (sorry can't remember where) is an American Car photographer who does still do high end, 'above the line' work. Meaning advertising.

I ...

Hi

I have had a look into Flickr and most photography does require a license of use. Michael Furman whose name has been brought up somewhere along the threads (sorry can't remember where) is an American Car photographer who does still do high end, 'above the line' work. Meaning advertising.

I ...

Hello,

I just picked up on your story. Are you able to say what your website does pls? For eg. Is it a business?
My thoughts are that this would be considered a breach of copyright. Generally speaking you should never copy and publish anything that isn't yours or which isn't paid for under license ...

Update!

I have deduced that the Defendant had not completed the entire N9b form (Defence and Counterclaim), as I noticed a page is missing!
So basically what I think is happening is that they (Defendant) gave their defence statement on the front page of the form, and are likely waiting for us to ...

Hi all,

Things just got a bit tricky!
We recently received a counterclaim in response to our copyright claim. In their defence the Defendant admitted to taking the said image randomly from another website (to happily sell a property on their website). They go on to say that it was the photographer ...

Thank you so much Andy.
Always such great advice, and sorry I have been off screen for a while! I have another question I can ask though . I will pop it in a separate topic!


Thanks again!
Helen

Hi

I have a really weird situation currently.
I'm hoping you might see this question Andy!

A rather intimidating Defendant, who made threats, has done two irregular things in my view!

1) Deposited a random sum of money into the photograph's bank account, despite being told not to do this, as ...

Hello,

The only advice I can offer you both is to ask them for a breakdown of the costs.
What sections of the cdpa (copyright, design and patent act 1988) are stated for example? Also, you mention administration costs. These wouldn't I believe hold up in Court. That is unless the claimant argues ...

Hi

I can see both sides of the issue at hand here, because I too represent a photographer whose livelihood is constantly under threat from people and companies alike who take his work and publishing it without any thought as to the consequences.

Firstly, I would question where they intend to bring ...